Prostate cancer decisions — 2014

The Board found that the reduction of the rating for prostate cancer from 100 percent to 20 percent, effective February 1, 2011, was proper and that the criteria for restoration of the 100 percent rating have not been met.

The Board has determined that the Veteran's claims for service connection for tinnitus, low back disability, hypertension, prostate cancer, and hearing loss have been withdrawn. The claim of service connection for hearing loss was denied as there is no evidence to support a finding of in-service noise exposure or chronic otitis media resulting in current hearing loss.

The Veteran's claims for diabetes mellitus type II and prostate cancer residuals are denied as there is no evidence of herbicide exposure in service. The claim for erectile dysfunction secondary to prostate cancer is also denied.

The Veteran's prostate cancer residuals are manifested by voiding dysfunction with daytime intervals of 3-4 hours and nocturia up to two times per night. The Board finds that the criteria for an initial rating in excess of 10 percent have not been met.

The Board has determined that the Veteran's claims for service connection are being remanded due to potential exposure to environmental contaminants in Guam, but no evidence of Agent Orange exposure. The case will be returned to the AOJ for further development and adjudication.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the proximate cause of his additional disability (recurrent adenocarcinoma of the prostate) was not due to VA's carelessness, negligence, or similar instance of fault.

The Veteran's claims for service connection are being remanded due to the need for additional development regarding herbicide exposure and medical opinions.

The Board has characterized the propriety of the reduction issue as encompassing entitlement to an increased rating post-reduction (the Veteran's attorney argued in a 2012 substantive appeal that the prostate cancer residuals warranted a 60 percent rating). The effective date for the grant of service connection for ischemic heart disease is being REMANDED to the Agency of Original Jurisdiction.

The Veteran's prostatectomy residuals as a result of prostate cancer are rated at the maximum schedular rating (60%) and his impotence is not compensable. The Board finds no basis for higher ratings or staged ratings.

The Veteran's prostate cancer is presumed to have been incurred during his service in Thailand, where he was likely exposed to herbicides. The Board grants service connection for prostate cancer on a presumptive basis.

The Board has remanded the case for additional development to address whether the Veteran's cancer is related to his service in the Persian Gulf and exposure to environmental toxins, including 'dirty sand' and oil well fire smoke.

The Board found no evidence of service connection for prostate cancer or throat cancer, and concluded that the Veteran's claims were denied as there was insufficient medical evidence to support a link between his current conditions and his military service.

The Veteran's appeal is remanded to obtain his service personnel records and determine if he was exposed to herbicides in Korea, which could potentially grant him service connection for prostate cancer, ischemic heart disease, and hypertension. The issue of entitlement to service connection for hypertension is also inextricably intertwined with the other claims.

The Veteran's disability rating for residuals of prostate cancer was reduced from 100% to 0%, effective December 1, 2010. The RO subsequently increased the rating to 20% effective November 19, 2013.

The Board has remanded the case due to a lack of proof regarding the Veteran's claimed exposure in Vietnam. The claims for service connection will be reconsidered based on new evidence.

The Veteran's appeal for service connection for hypertension has been withdrawn. The TDIU claim remains pending, and a VA examination is needed to assess the severity of his psychiatric disability and prostate cancer.

The Board has determined that the September 1998 rating decision involving service connection for the cause of the Veteran's death should be revised due to clear and unmistakable error (CUE). The effective date for this award is now set at March 1, 1995.

The Veteran's initial service connection for prostate cancer was granted, and a noncompensable rating was assigned. In June 2014, the rating was increased to 60 percent effective from November 9, 2011.

The Veteran's claimed conditions were not incurred in service or due to herbicide exposure. The Board found no evidence of Vietnam service and the appellant could not provide any records of alleged exposure.

The Board found that the Veteran's prostate cancer and basal cell carcinoma are not related to his military service, including exposure to herbicides. The claims were denied.